Landowner Hunting Preference And Outfitters And Guides Tag Allocation

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_635/635_075.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF FISH AND WILDLIFE









 

DIVISION 75
LANDOWNER HUNTING PREFERENCE AND OUTFITTERS

AND GUIDES TAG ALLOCATION

635-075-0000
Purpose
The purpose of these rules is to describe the procedures and requirements necessary for landowners and their immediate families to obtain landowner hunting preference tags pursuant to ORS 496.146(4) and 1995 Oregon Laws Chapter 460 (House Bill 2369) and to describe the process necessary for Outfitters and Guides to obtain certain hunting permits pursuant to ORS 496.151 (1997 House Bill 3387).
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 496.012, 496.138 & 497.112

Stats. Implemented: ORS 496.012, 496.138 & 497.112

Hist.: FWC 45-1988, f. & cert. ef. 6-13-88; FWC 14-1990, f. & cert. ef. 2-2-90; FWC 7-1996, f. & cert. ef. 2-12-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 73-1997, f. & cert. ef. 12-29-97; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
635-075-0001
Eligibility
A landowner as defined in OAR 635-045-0002
and immediate family as defined in 635-045-0002, owning 40 or more contiguous acres
are eligible to receive landowner hunting preference tags for controlled 600 series
deer, western Oregon buck deer, western Oregon elk, and eastern Oregon antlerless
elk hunts and emergency hunts occurring on their property. To be eligible to receive
landowner hunting preference tags for controlled eastern Oregon buck deer, eastern
Oregon bull elk, either-sex elk hunts, and either-sex or doe/fawn pronghorn antelope
hunts, occurring on their land, a landowner shall own 160 or more contiguous acres.
For controlled hunts see OAR divisions 67, 68, 69, 70, 71, 73, and Emergency Hunts
in division 78. Tags issued to landowners are in addition to the number of tags
issued to the public and authorized in OAR divisions 67, 68, 69, 70, 71, 73, and
78, except as described in 635-075-0020.
Stat. Auth.: ORS 496.012, 496.138, 496.146
& 496.162
Stats. Implemented: ORS 496.012,
496.138, 496.146 & 496.162
Hist.: FWC 35-1982, f. &
ef. 6-7-82; FWC 34-1984, f. & ef. 7-24-84; FWC 43-1985, f. & ef. 8-22-85;
FWC 35-1986, f. & ef. 8-7-86; FWC 48-1987, f. & ef. 7-6-87; FWC 20-1988,
f. & cert. ef. 3-10-88; FWC 45-1988, f. & cert. ef. 6-13-88; FWC 98-1988,
f. & cert. ef. 10-6-88; FWC 22-1989, f. & cert. ef. 3-28-89; FWC 14-1990,
f. & cert. ef. 2-2-90; FWC 99-1992, f. & cert. ef. 9-25-92; FWC 10-1994,
f. & cert. ef. 2-24-94; FWC 40-1994, f. & cert. ef. 6-28-94; FWC 7-1996,
f. & cert. ef. 2-12-96; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999,
f. & cert. ef. 6-16-99; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11; DFW 1-2015,
f. & cert. ef. 1-6-15
635-075-0003
Decision Standard for Suspension and Revocation from the LOP Program
(1) If a landowner as defined in OAR 635-045-0002 (or the landowner’s partner, member, manager, employee, or any person using an LOP tag provided by the landowner) is convicted of violation of the wildlife laws arising from participating in the LOP program, the Department may suspend that landowner from participating in the LOP program for three years, beginning upon issuance of a final order.
(a) When the Department suspends a landowner pursuant to paragraph (1), that suspension will include any and all properties associated with that landowner, including properties registered to the individual, as a partnership, or as a corporation, and the suspension will run for the same period of time as for the landowner.
(b) When the Department suspends a landowner pursuant to paragraph (1), the Department will also revoke any unused LOP tags previously issued for the landowner’s properties.
(2) Any landowner whose LOP program participation the Department proposes to suspend may request a contested case hearing within 14 days of notice of the proposed decision.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: DFW 131-2008, f. & cert. ef. 10-14-08; DFW 139-2008, f. & cert. ef. 10-30-08; DFW 62-2011, f. & cert. ef. 6-3-11
635-075-0005
Registration, Application and Tag
Issuance Procedures and Limits for All Controlled Hunts
(1) A landowner shall submit a landowner
preference registration form to be eligible for a landowner preference tag. A one-time
fee of $30.00 is required at the time of registration for new program participants.
A landowner can have only one registration form on file with the Department. However,
an individual who owns (through business entities, in the individual’s own
name or a combination thereof) more than one property eligible for the landowner
preference program may register each such property. The registration form is an
affidavit certifying ownership, number of acres owned, the county and Wildlife Management
Unit where the property is located. This registration form registers the individual
and remains valid until the individual registered no longer qualifies as a landowner
as defined under OAR 635-045-0002, writes to the Department requesting the registration
form be deleted, or the Department notifies the landowner that a renewal is required.
(2) In addition to having
a landowner preference registration form on file with the Department, a landowner
or an authorized designee identified by the landowner in writing to the Department
shall submit a tag distribution form annually. The tag distribution form shall list
the names of the landowner, stockholder(s), partner(s), and their immediate family
members to receive tags for pronghorn antelope, and the names of the landowner,
stockholder(s), partner(s), their immediate family members, and those persons of
the landowners’ choosing to receive landowner preference tags for deer and
elk.
(3) Landowners shall submit
registration forms and landowners or their designee shall submit tag distribution
forms prior to September 15 for all controlled 100 series buck deer and bull elk
hunts, and through the day prior to the season openings for 600 series antlerless
deer, antlerless elk, and either-sex or doe/fawn pronghorn antelope hunts. A Landowner
Preference Tag Redistribution fee of $15.00 will be charged per species for amendments
made to the original tag distribution forms.
(4) Registration forms and
tag distribution forms are available at no charge in any office of the Department.
(5) Registration forms, tag
distribution forms, and applications shall be received at the Salem headquarters
office of the Department prior to issuance of any landowner preference tag, except
as provided for in OAR 635-075-0007. Landowners are not required to submit proof
of ownership with their registration form. Landowners shall be required to submit
proof of ownership at the request of the Department or the Oregon State Police acting
on behalf of the Department.
(6) A landowner, stockholder(s),
partner(s), and immediate family and those persons of the landowners’ choosing
wishing to also apply for controlled hunt tags shall apply by the May 15 controlled
hunt deadline. Listing a hunt choice other than a landowner preference choice is
not required.
(7) Everyone shall follow
controlled hunt application procedures and regulations as described in OAR Division
060.
(8) The number of landowner
preference tags issued is based upon a landowner's acreage. Landowner Preference
tags shall be allocated by the following minimum acreage requirements: [Table not
included. See ED. NOTE.]
(9) Landowner preference
tags for the hunting of deer or elk may be issued to any person of the landowner’s
choosing, and shall be used for the taking of antlerless animals except as described
in OAR 635-075-0005(10). Season dates of the transferred landowner preference tags
shall be the same dates as the original tag.
(10) Landowner preference
tags for the hunting of antlered deer or elk may be issued to a person of the landowner’s
choosing who is not a member of the landowner’s, partner’s, or stockholder’s
immediate family as follows:
(a) A landowner who is issued
only one tag may not transfer that tag.
(b) A landowner who is issued
two or more tags may transfer not more than 50 percent of the tags to a person who
is not an immediate family member as defined in ORS 496.146 (4). If calculation
of the number of tags eligible for transfer under the provisions of this paragraph
results in a fraction, the Commission shall round up the number of tags to the next
whole number.
(11) A landowner who is qualified
to receive landowner hunting preference tags may request two additional tags for
providing public access and/or two additional tags for wildlife habitat programs.
This request shall be made to the Access and Habitat Board with supporting evidence
that the access is significant and the habitat programs benefit wildlife. The board
may recommend that the commission grant the request. These tags may not be applied
to the options as defined in OAR 635-075-0005(8).
(12) No one shall receive
both a controlled hunt tag and a landowner preference tag for the same type of hunt.
Landowner hunting preference tags shall not be issued to any person successful in
the controlled hunt drawing for the same type of hunt.
(13) Landowner preference
tags, except as described in OAR 635-075-0007, 635-075-0010, and 635-075-0015 shall
only be issued from the headquarters office of the Department following the controlled
hunt drawings.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 496.012,
496.138, 496.146 & 496.162
Stats. Implemented: ORS 496.012,
496.138, 496.146 & 496.162
Hist.: FWC 35-1982, f. &
ef. 6-7-82; FWC 43-1985, f. & ef. 8-22-85; FWC 35-1986, f. & ef. 8-7-86;
FWC 48-1987, f. & ef. 7-6-87; FWC 20-1988, f. & cert. ef. 3-10-88; FWC 45-1988,
f. & cert. ef. 6-13-88; FWC 98-1988, f. & cert. ef. 10-6-88; FWC 14-1990,
f. & cert. ef. 2-2-90; FWC 99-1992, f. & cert. ef. 9-25-92; FWC 10-1994,
f. & cert. ef. 2-24-94; FWC 14-1994(Temp), f. & cert. ef. 3-1-94; FWC 40-1994,
f. & cert. ef. 6-28-94; FWC 7-1996, f. & cert. ef. 2-12-96; FWC 38-1997,
f. & cert. ef. 6-17-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999,
f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 82-2000,
f. 12-21-00, cert. ef. 1-1-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW
118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05;
DFW 53-2005, f. & cert. ef. 6-14-05; DFW 131-2008, f. & cert. ef. 10-14-08;
DFW 42-2009(Temp), f. 5-4-09, cert. ef 5-5-09 thru 10-31-09; DFW 66-2009, f. &
cert. ef. 6-10-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 142-2009, f.
11-12-09, cert. ef. 1-1-10; DFW 19-2013(Temp), f. & cert. ef. 3-11-13 thru 9-6-13;
DFW 53-2013, f. & cert. ef. 6-10-13; DFW 63-2014, f. & cert. ef. 6-10-14;
DFW 1-2015, f. & cert. ef. 1-6-15; DFW 69-2015, f. & cert. ef. 6-11-15
635-075-0007
Application and Tag Issuance Procedures and Limits For Controlled "Damage Pool" Hunts and Emergency Hunts
(1) Landowner hunting preference tags for emergency hunts (see Division 078) will be issued to landowners by department field staff.
(2) To qualify, the landowner shall sign an affidavit certifying ownership, number of acres owned, the county and wildlife management unit where the property is located, and the names of people to receive tags.
(3) A landowner, stockholder(s), partner(s), immediate family and those designated by the landowners may receive landowner hunting preference tags for emergency hunts. Tags are issued in addition to and under the same criteria as specified in OAR 635-075-0005(6). Emergency hunt landowner preference tags may not be exchanged for additional antlerless tags.
Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162

Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162

Hist.: FWC 99-1992, f. & cert. ef. 9-25-92; FWC 10-1994, f. & cert. ef. 2-24-94; FWC 7-1996, f. & cert. ef. 2-12-96; FWC 9-1997, f. & cert. ef. 2-27-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
635-075-0010
Hunting Area Allowed With Landowner Hunting Preference Tags
(1) A landowner preference tag authorizes
the recipient to hunt only on those lands owned and registered in the Landowner
Preference Program by the landowner, and meeting the minimum acreage requirements
for that hunt, during the season dates for which the tag is valid, except as provided
for in OAR 635-075-0010(4) and (5).
(2) Landowner hunting preference
tags are valid on the landowner's registered property in other controlled hunt areas
provided the species, bag limits, and season dates are the same, and the landowner’s
property in that area either:
(a) Meets the minimum acreage
requirements for that hunt; or
(b) is contiguous to other
property owned and registered by the landowner that, if added together, would meet
the minimum acreage requirements for that hunt.
(3) A landowner receiving
a landowner preference controlled buck deer hunt or controlled elk hunt tag may
not hunt in any other controlled or general buck deer or elk season, except as provided
in OAR division 90.
(4) When a landowner is qualified
under landowner preference rules adopted by the Commission and the landowner or
an immediate family member receives a deer or elk controlled hunt tag for that unit
and has not harvested an animal, the landowner or immediate family member may use
that tag to take an antlerless deer, except for white-tailed deer in Western Oregon,
or elk before, during, or after the hunting season for which the tags are valid,
when approved by the Department, to alleviate damage that is presently occurring
to the landowner’s property.
(5) Each unfilled landowner
preference deer tag may be transferred and used to take two antlerless animals,
except for white-tailed deer in Western Oregon, before, during or after the hunting
season for which the tags are valid, when approved by the Department, to alleviate
damage that is presently occurring to the landowner’s property in accordance
with the following criteria:
(a) Transfer must be done
by an authorized representative of the Department for no charge;
(b) Tag(s) is/are to be transferred
to someone of the landowner’s choice;
(c) No more than one tag
may be transferred to any one person;
(d) Each tag may only be
transferred once;
(e) Tags shall be issued
for a period of no more than 30 days from the date of issuance, and end no later
than March 31. A Department representative may reauthorize an unfilled tag to the
same person for an additional 30 days if damage is presently occurring;
(f) Persons who have been
successful in harvesting a buck and/or antlerless deer in a general and/or controlled
hunt season (excluding “leftover” tags) are also eligible to receive
one damage landowner preference deer tag in a fiscal year of July through June;
(g) Department personnel
shall collect the appropriate fee for the second tag at time of transfer;
(6) Landowner preference
pronghorn antelope tags may only be used during the authorized hunt season.
Stat. Auth.: ORS 496.012, 496.138, 496.146
& 496.162
Stats. Implemented: ORS 496.012,
496.138, 496.146 & 496.162
Hist.: FWC 35-1982, f. &
ef. 6-7-82; FWC 43-1985, f. & ef. 8-22-85; FWC 35-1986, f. & ef. 8-7-86;
FWC 48-1987, f. & ef. 7-6-87; FWC 20-1988, f. & cert. ef. 3-10-88; FWC 45-1988,
f. & cert. ef. 6-13-88; FWC 14-1990, f. & cert. ef. 2-2-90; FWC 99-1992,
f. & cert. ef. 9-25-92; FWC 10-1994, f. & cert. ef. 2-24-94; FWC 5-1995,
f. & cert. ef. 1-23-95; FWC 7-1996, f. & cert. ef. 2-12-96; FWC 9-1997,
f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; DFW 49-1998,
f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 121-2001,
f. 12-24-01, cert. ef. 1-1-02; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW
140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11;
DFW 63-2014, f. & cert. ef. 6-10-14; DFW 1-2015, f. & cert. ef. 1-6-15
635-075-0011
Oregon Landowner Damage Program
(1) This rule implements HB 2027A, through
which the 2013 Legislative Assembly directed the Department to implement an Oregon
Landowner Damage Program to operate from January 1, 2014 until January 2, 2020.
As directed by statute, the program addresses damage caused by elk on privately
owned lands in Oregon by granting damage tags to qualifying landowners.
(2) A "qualifying landowner"
is:
(a) An individual, partnership,
corporation, unincorporated association or other nongovernmental entity which;
(b) Owns, leases or rents
land in Oregon; and
(c) Whose land:
(A) Is (at the time of application)
suffering damage from elk; or
(B) Has within the past five
years suffered damage from elk and the Department has taken action to alleviate
that damage; or
(C) Is in an area designated
as an "elk de-emphasis zone" by the Department.
(3) "Damage" has the same
definition as that in the "damage statute" (ORS 498.012): harm to land, livestock
or agricultural or forest crops.
(4) This damage program operates
in the same manner as the landowner preference tag program in OAR 635-075-0000 through
-0030, except that:
(a) Damage program tags are
limited to antlerless elk;
(b) Damage tags may be used
to take elk only on property owned, leased or rented by the landowner or by a business
entity that includes the landowner as a principal partner or shareholder;
(c) Qualifying landowners
may exchange unused general season elk tags or controlled hunt tags for damage program
tags;
(d) No more than five damage
program tags may be valid at any one time on a particular property;
(e) Qualifying landowners
may receive damage tags regardless of the size of their property. There is no minimum
acreage requirement;
(f) Qualifying landowners
may register for damage program tags at any time.
(g) The validity period (the
time during which damage program tags may be used on a particular property) shall
be negotiated between the Department's district biologist and the qualifying landowner;
(h) Each qualifying landowner
receiving damage program tags must (within 10 days of a designated hunt period)
report to the local Department district biologist the number of elk taken by the
landowner with damage program tags;
(i) Damage program tags may
be obtained from, and exchanged through, Department district biologists (rather
than point of sale vendors).
(j) Only persons who have
not been successful in harvesting an elk in a general or controlled hunt season
are eligible to receive one damage program elk tag in a fiscal year of July through
June;
(k) The landowner and those
receiving a transferred elk tag must surrender any original unfilled elk tag; or
sign an affidavit stating the tag has been lost, stolen, or destroyed;
(l) Department personnel
shall verify that the person(s) receiving tag(s) has a valid hunting license and
has not been successful in harvesting an elk during current general or controlled
seasons.
Stat. Auth.: ORS 496.012, 496.138 &
497.112
Stats Implemented: 496.012,
496.138 & 497.112
Hist.: DFW 110-2003, f. &
cert. ef. 11-13-03; DFW 118-2007, f. 10-31-07, c ert. ef. 1-1-08; DFW 63-2014, f.
& cert. ef. 6-10-14
635-075-0015
Exchanging Landowner Preference Tags That Do Not Fall Under the Category of a Damage Situation
(1) The landowner hunting preference tag may be exchanged for another landowner hunting preference controlled hunt of the same hunt type provided the controlled hunt area includes the same landowner's property. For example, a landowner may exchange a landowner preference controlled bull tag for a landowner preference controlled antlerless elk tag.
(2) The landowner hunting preference tag, except controlled antlerless deer tag, may be exchanged for a general season tag.
(a) Tags must be exchanged prior to the season(s) for which such tags are valid.
(3) Landowners (635-045-0002) and immediate family (635-045-0002) currently listed on a landowner's tag distribution list may exchange a controlled hunt tag for an LOP tag before the opening date of the season for which either tag is valid.
(4) Exchanges may be made at the Salem headquarters or regional offices of the department for no charge.
(5) Landowner preference tag exchanges may be made for no charge at the Salem headquarters, regional, and district offices of the department, if the landowner is only exchanging his/her antlered tag for an antlerless tag for his/her own use. All other landowner preference tag exchanges may only be made at the Salem headquarters or regional offices of the department.
(6) Tags must be exchanged prior to the general or limited entry season in the landowner's unit.
(7) Landowner preference tags for the hunting of pronghorn antelope may not be exchanged and may not be used for the taking of buck antelope.
(8) Landowner preference tags for the hunting of antlerless deer may not be used for taking of white-tailed deer in Western Oregon.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162

Hist.: FWC 14-1990, f. & cert. ef. 2-2-90; FWC 7-1996, f. & cert. ef. 2-12-96; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
635-075-0020
Landowner Hunting Preference Tags
in Special Seasons
(1)(a) Landowner hunting preference
tags are not available for the long duration youth elk hunts (August 1 - December
31) or the Melrose 223T (August 1–March 31, 2015) youth elk hunt.
(b) During controlled elk
hunts with a bag limit of spike or better in units where the usual bag limit for
bull elk is spike only, landowner hunting preference tags shall be limited to five
tags or 10 percent of the total controlled hunt tags whichever is greater; the bag
limit for these elk tags shall be spike or better.
(2) If landowner preference
tags remain from the controlled hunts described in 635-075-0020(1)(b) after the
game mammal controlled hunt drawing, the Department will issue remaining tags to
qualified landowners in the following manner:
(a) The tags shall be issued
on a first-come, first-served basis.
(b) The Department will set
the time and date for the sale of the tags.
(c) Tags issued are additional
tags. A qualified landowner may purchase only one first-come, first-served tag per
hunt series. Such a tag may be for the landowner or for someone other than the landowner
listed on their tag distribution form.
(d) For the purposes of OAR
635-075-0020(2), "qualified landowner" is a landowner who registered their land
through the landowner preference program for the Wildlife Management Unit which
includes the controlled hunt and who has a current tag distribution form filed with
the Department.
(3) A hunter who received
a tag of his or her choice through the original game mammal controlled hunt drawing
process may exchange that tag for a remaining tag in the first-come, first-served
process while tags remain available. Tag purchases and exchanges may be obtained
only through ODFW Salem Headquarters and must be made before the start of the seasons
for which the tags are issued. The tag being exchanged shall not be reissued.
Stat. Auth.: ORS 496.012, 496.138, 496.146,
496.151 & 496.162
Stats. Implemented: ORS 496.012,
496.138, 496.146, 496.151 & 496.162
Hist.: FWC 10-1994, f. &
cert. ef. 2-24-94; FWC 40-1994, f. & cert. ef. 6-28-94; FWC 9-1997, f. &
cert. ef. 2-27-97; DFW 4-2003, f. 1-17-03, cert. ef. 4-1-03; DFW 118-2003, f. 12-4-03,
cert. ef. 1-1-04; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 63-2014, f. &
cert. ef. 6-10-14; DFW 1-2015, f. & cert. ef. 1-6-15; DFW 69-2015, f. &
cert. ef. 6-11-15
635-075-0022
Landowner Hunting Preference Tags
for Mule Deer
(1) This rule further implements HB
2027A whereby the 2013 Legislative Assembly directed the Department through the
commission to specify a formula that bases the number of landowner preference tags
available for mule deer on the management, research, and habitat needs set forth
in the wildlife management plan for mule deer.
(2) For purposes of this
rule, the population management objectives (MOs) for each wildlife management unit
that were adopted by the commission in June 2005 are considered representative of
the management, research, and habitat needs for mule deer.
(3) The formula to determine
the number of landowner hunting preference tags available for buck deer in a unit
is as follows:
(a) In those wildlife management
units where the estimated mule deer population is less than 100% of the established
population management objective, the number of landowner hunting preference tags
available for buck deer in that unit may be limited to five tags or 10 percent of
the total controlled buck tags authorized for the public for each hunt in that unit
by the commission, whichever is greater.
(b) In those wildlife management
units where the estimated mule deer population is equal to or more than 100% of
the established population management objective, the number of landowner hunting
preference tags available for buck deer in that unit may be issued based upon a
landowner's acreage as set forth in 635-075-0005 (8).
(4) For the purposes of OAR
635-075-0022(3), "qualified landowner" is a landowner who registered their land
through the landowner preference program for the Wildlife Management Unit which
includes the controlled hunt and who has a current tag distribution form filed with
the Department.
(5) Landowner Hunting Preference
Tag numbers for mule deer in 2015 are listed in Table 1 and are adopted and
incorporated in OAR chapter 635, division 75 by reference.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 496.012,
496.138, 496.146 & 496.162
Stats. Implemented: ORS 496.012,
496.138, 496.146 & 496.162
Hist.: DFW 1-2015, f. &
cert. ef. 1-6-15; DFW 69-2015, f. & cert. ef. 6-11-15
635-075-0025
Outfitters and Guides Nonresident Tag Allocation
(1) Eligibility: Outfitters and Guides must be registered pursuant to ORS 704 prior to making application for big game tags described herein.
(2) The nonresident tags allocated shall be based on one half the nonresident tags drawn in the previous year from the standard first drawing determined by hunt number for series 100, 200, 600 and 800 as described in OAR 635-060-005 and 635-068-0000 through 635-071-0000.
(a) Prior to November 1 of each year, the department shall publish a list of tags available for allocation based on nonresident tags drawn in the annual June drawing.
(b) In the event of new hunts, no Outfitter and Guide tags will be allocated for that year for those hunts, except for unit wide hunts that are split will have tags reapportioned for the new hunts.
(c) All tags allocated shall be considered nonresident for the purposes of OAR 635-060-0030(2).
(d) The Commission may revoke or refuse to issue all or any portion of the permits based upon a commission finding of an emergency situation or for a biological need. In the event of a tag number reduction of 50% or more for the current hunt year, Outfitter and Guide tags will be reduced proportionately to the overall tag reduction. Tags will be reallocated based on the application draw number.
(e) For the purposes of these rules, "emergency situation or biological needs" is defined as a situation in which harvest mortality above a prescribed level would significantly jeopardize the department's ability to meet sex ratio or population management objectives for a wildlife management unit or subunit.
Stat. Auth.: ORS 496.012, ORS 496.138 & ORS 497.112

Stats. Implemented: ORS 496.012, ORS 496.138 & ORS 497.112

Hist.: FWC 73-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
635-075-0026
Application Requirements
(1) A valid controlled hunt Outfitter
and Guide application shall be purchased from the Department. The purchase price
of the application is set forth in OAR 635-060-0005(2) ($28.00 plus a $2.00 agent
fee).
(a) Only one hunt number
and one species type may be included on a single application. No more than 50% of
the available tags for a specific hunt number and species may be applied for, except
in cases where only one person applies for tags and/or an odd number of tags exists
in particular hunt.
(b) Tags will only be issued
for specific hunt units in which the Outfitter and Guide is certified.
(c) Applications must be
complete and include such information as required which will include the six-digit
State Marine Board Registration number required under ORS 704.020 or they may be
disqualified from the tag allocation drawing.
(d) Applications, along with
the proper fees, must be received by midnight December 1, of each year, at the Department
headquarters office. Applications received after the specified deadline dates shall
be disqualified.
(2) No outfitter or guide
may receive more than 25 tags per year for any single species of big game from the
December Outfitter and Guide tag drawing. Tags received in the first-come, first-serve
remaining tag process are in addition to tags drawn by an outfitter and guide in
the December Outfitter and Guide tag drawing.
Stat. Auth.: ORS 496.012, 496.138 &
497.112, Other Auth.: SB 247 (2015)

Stats. Implemented: ORS 496.012,
496.138 & 497.112

Hist.: FWC 73-1997, f. &
cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 47-1999, f. &
cert. ef. 6-16-99; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 114-2004(Temp),
f. & cert. ef. 11-23-04 thru 5-20-05; Administrative correction 6-17-05; DFW
128-2005, f. 12-1-05, cert. ef. 1-1-06; DFW 6-2006, f. & cert. ef. 1-25-06;
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10; DFW 139-2015, f. 10-14-15, cert. ef.
1-1-16
635-075-0029
Tag Purchasing Requirements
(1) The department will notify outfitters and guides of the drawing results by December 31 of each year.
(2) On or before March 31 of each year Outfitters and Guides who are successful in the drawing must:
(a) Submit to the department the names, addresses, proof of nonresidency, and hunting license numbers (if already purchased) of the nonresidents for whom tags are to be issued. For the purpose of these rules: Proper identification for nonresident documents includes an out-of-state driver's license. If an applicant does not have a driver's license, then a combination of three pieces of identification are required including utility bill, rent receipt, passport, birth certificate, social security card, major credit card, medical card, marriage license, voter's registration card, library card, or military ID. One piece must show name and current address outside the state of Oregon.
(b) Submit to the department all required fees. Outfitters and guides must submit all fees; they will not be accepted from nonresident applicants to whom the tags will be issued. The department shall not issue a tag to any person who does not have a valid nonresident Oregon hunting license. (Note: Fees for Outfitter and Guides tags are described in ORS 497.112.) No later than July 31 the department will issue to outfitters and guides all requested tags from the December drawing for which they have met requirements.
Stat. Auth.: ORS 496.012, 496.138 & 497.112

Stats. Implemented: ORS 496.012, 496.138 & 497.112

Hist.: FWC 73-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 27-2003(Temp), f. & cert. ef. 3-28-03 thru 6-6-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 6-2006, f. & cert. ef. 1-25-06
635-075-0030
Tag Limitations
(1) Tags issued in the above described allocation process are for nonresident hunters only. Outfitters and guides and their immediate families (as described in OAR 635-045-0002) or their employees are not eligible to receive or use tags described in this allocation process for personal use, when that outfitter or guide made the original application.
(2) Tags issued under this allocation process are valid only when the hunter is being guided by the outfitter or guide or their employee as described in ORS 704 who made the original application above.
(3) Tags shall not be transferred among outfitters and guides or among hunters.
(4) Tags issued to an outfitter and guide will be revoked if at any time the Marine Board revokes or denies a registration or certification. Refunds for tags will be issued to outfitters and guides only.
(5) When the commission reduces allocated tags, refunds for tags only will be issued to outfitters and guides who were not selected in the reallocation process.
Stat. Auth.: ORS 496.012, ORS 496.138 & ORS 497.112

Stats. Implemented: ORS 496.012, ORS 496.138 & ORS 497.112

Hist.: FWC 73-1997, f. & cert. ef. 12-29-97; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
635-075-0035
Remaining Tags
(1) Any remaining Outfitter and Guide
tags not sold on or before March 31st will become available on a first-come, first-serve
basis. The Department will publish a list of available tags two business days after
March 31st.
(2) First-come, first-serve
tags will become available for purchase starting at 8:00 AM on the third business
day after March 31st and ending at 5:00 PM on April 15th. Any applications received
prior to 8:00 AM on the third business day after March 31st will not be accepted.
(3) Up to five first-come,
first-serve tags can be sold to outfitters and guides for unnamed clients.
(a) The non-refundable tag
fee for unnamed client tags is $527.00 (plus a $10.00 license agent fee) for deer
and $782.00 (plus a $10.00 license agent fee) for elk.
(b) The deadline to identify
a hunter for tags sold with unnamed clients is one week before the hunt begins.
(4) An unlimited number of
first-come, first-serve tags can be sold to an outfitter or guide when the client
is identified.
(5) Any unsold Outfitter
and Guide Tags remaining after 5:00 PM on April 15th will be included in the June
public controlled hunt drawing.
Stat. Auth.: ORS 496.012, 496.138, 497.112,
Other Auth.: SB 247 (2015)

Stats Implemented: ORS 496.012,
496.138, 497.112

Hist.: DFW 6-2006, f. &
cert. ef. 1-25-06; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10; DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16

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